Parental leave expands for California workers so they can bond with their newborns

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A mother shows support for paid parent leave at a 2016 San Francisco rally. The city was the first in the nation to require full pay for six weeks of baby bonding leave. Fifty-five percent is covered by employee disability paycheck deductions, and the rest by employers.(AP Photo/Jeff Chiu)

Under a new law to combat workplace inequities, some 2.7 million California mothers and fathers will gain the right to a long-sought benefit: 12 weeks of job-protected leave to bond with their newborns.

“California is not just about Silicon Valley, agriculture and Hollywood,” Gov. Jerry Brown said at a Sacramento ceremony as he signed the New Parent Leave Act on Thursday, Oct. 12, surrounded by a crowd of women legislators.

“It is about families and kids. California is showing the way on kids, families, women, and husbands as well.”

The law covers 16 percent of the state’s labor force — those who work for employers with 20 to 49 workers.

“This is a great victory for working parents and children in California,” said Sen. Hannah-Beth Jackson (D-Santa Barbara), author of the legislation, Senate Bill 63. “ With more parents struggling to balance work and family responsibilities…, no one should have to choose between caring for their newborn and keeping their job.”

Children’s advocates applauded the new law. “Governor Brown did a wonderful thing to sign this bill,” said George Halvorson, chair of the California Children and Families Commission and former CEO of Kaiser Permanente. “The first months of life are critical for the cognitive and emotional development of each child.”

The measure was strongly opposed by the California Chamber of Commerce, an influential force in Sacramento, which labeled it a “job killer.” Most of the legislature’s Democrats supported the bill, while most Republicans opposed it.

Sen. Patricia Bates (R-Laguna Niguel) was among those voting against the bill because, she said, “SB 63 would add more costs that small businesses can ill afford, such as overtime for other employees to cover those on leave.”

However, bowing to business concerns, the new measure has no effect on 90 percent of the state’s employers — those with fewer than 20 workers. Those small business employees are able to take six weeks of leave under current law, but without job guarantees.

With studies of infant brains revealing the critical importance of early parental bonding, the California Medical Association endorsed SB 63. Another strong supporter: the American Academy of Pediatrics, which warns against placing babies in daycare before the age of 12 weeks because their immune systems are fragile.

In an emotional speech at the bill signing, Jackson spoke of her grandchildren, saying, “It is so important that we hug our kids. We are talking about the basic fabric of society. When mothers are able to spend 12 weeks with their newborns, studies show it reduces post-partem depression by a third.

“And men want to be part of raising their families. A lifetime bond is created in the first 12 weeks. And these are not fun weeks. People talk about the fog of war. This is the fog of children. They eat too much or eat too little. You change a diaper and, right after, they soil it. These are hard times, but the most meaningful times..of critical importance.”

James and Gaby Berreth play with their 9-month-old son Luke in Anaheim on Tuesday, August 8, 2017. Gaby took 8 weeks of pregnancy leave after her caesarian delivery. They could not afford to take additional baby bonding time off. Their jobs would not have been protected since their employer was a company with fewer than 50 employees. (Photo by Paul Rodriguez, Orange County Register/SCNG)

Under the state’s disability insurance program, workers fund the additional parental leave through paycheck deductions. It is available to both mothers and fathers, including adoptive and foster parents.

Of the states where workers are entitled to paid leave, only New York and Rhode Island —and now California— require employers of fewer than 50 workers to guarantee jobs when parents return from leave.

Last year, Brown had vetoed a similar bill to SB 63 saying that while “allowing new parents to bond with a child is very important,” he was concerned about the impact on small business. He suggested including an option for the mediation of disputes between bosses and workers to avoid lawsuits.

This year, Jackson amended the bill to include a pilot mediation program under the California Department of Fair Employment and Housing. Within 60 days of receipt of a right-to-sue notice, an employer may request mediation and the employee would not be able to sue until the mediation is complete.

The new law takes effect in January 2018.

Despite the expansion of benefits, however, many low-paid workers may be unable to take advantage of the new law. That’s because even when offered job-protected leaves, they are unable to absorb a pay cut.

The state disability program reimburses at a rate of 55 percent of wages, set to expand next year to 70 percent for low-income workers, and 60 percent for others.

The parental leave measure is one of 9 bills backed by the California Legislative Women’s Caucus whose members surrounded Brown at Thursday’s signing ceremony.

The others:

—AB 168 by Assemblymember Susan Talamantes Eggman (D- Stockton) bars employers from seeking information on the prior salaries and benefits of job applicants—questions which can perpetuate pay discrimination against women as they move from job to job.

— AB 1312 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) expands the time that law enforcement agencies must retain rape kits and forensic evidence to 20 years from two years.

–SB 500, by Sen. Connie Leyva (D-Chino), criminalizes the distribution of sexual images or intimate body parts in cases of “sextortion.” Studies show three quarters of the victims are girls.

— AB 10 by Assemblymember Cristina Garcia (D-Bell Gardens) requires public schools serving low-income students in grades 6 to 12 to provide free tampons and pads in half of the school’s bathrooms. Low income students are known to skip school when they are unable to afford menstrual products, Garcia said.

Margot Roosevelt covers economic news. She has been a staff reporter at The Orange County Register since 2012. Before that, she was on staff at the Los Angeles Times, covering environmental news. Earlier jobs: Congressional reporter for the Washington Post; foreign and national correspondent for Time Magazine.

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